The purpose of this article is to encourage the protection of
farmland and farming resources by allowing the transfer of development
potential from a site in an agricultural area having a resource deserving
protection to one in a residential receiving zone within a development
area. Transfer of development rights (TDRs) will further the community
interest by providing long-term protection of land in County- and
state-designated Agricultural Land Preservation Districts. This article
also supplements the Maryland Agricultural Land Preservation Foundation
easement purchase program by providing an alternative to easement
purchase by the state. This voluntary program furthers the objectives
of the Comprehensive Plan.

A recorded section of prime agricultural or forestry land
that is voluntarily enrolled in the Maryland Agricultural Land Preservation
District Program by the owner of the property with a recommendation
of approval of such a petition for district establishment by the County
Preservation Advisory Board, County Planning Commission and County
Commissioners.

The right that a landowner has to develop his or her property
residentially. These rights may then be conveyed to increase the density
of residential land use in designated receiving zones. Three development
options constitute one development right.

A person (transferor) who is the owner of the sending parcel
from which the development rights are being transferred along with
all persons who have a mortgage, deed of trust or other lien or encumbrance
on the transferor parcel.

A lot or parcel of land that has been designated as the development district in the Comprehensive Plan, is located in a zone in which the use of TDRs is authorized by this chapter (RL, RM, RH, CER, CRR, CMR, AUC, WC) and is located in a cluster development in the RL, RM or RH Zones; or in a PRD, TOD or MX Zone as set forth in Article VII; or in the CER, CRR, CMR, AUC or WC Zones.

A parcel of land in an Agricultural Land Preservation District described in Chapter 215 of the County Code and which has been recorded in the County Courthouse from which development rights are transferred.

An interest in real property that constitutes the right to
develop and use the property under this chapter which is made severable
from the parcel to which the interest is appurtenant and transferable
to another parcel of land for development and use in accordance with
this chapter.

The transfer of development rights from a sending parcel
to a receiving parcel is done by instrument(s) of transfer. A transfer
can include any intermediate transfers to or among a transferee or
directly from the transferor to a transferee. The word is used both
as noun and a verb and, in the latter case, includes any tense of
the verb.

A person who transfers development rights from an Agricultural
Land Preservation District along with all persons who have any lien,
security interest or other interest with respect to development rights
held by the transferor.

Properties assigned TDRs. TDR sending areas are all those properties that are enrolled in the Maryland Agricultural Land Preservation Program and have been recorded in the Charles County Land Records. Every parcel of land located in a sending area has a specific number of TDRs based on the allocation standards in the following subsection. These TDRs may be used to obtain approval for development on other lands located in a TDR receiving area, identified in § 297-284 below, at a density greater than would otherwise be allowed on those lands.

One development option shall be allocated per acre of land in an Agricultural Preservation District and three development options shall equal one development right, except that three development options shall be subtracted for each residence located on a parcel in an Agricultural Preservation District which exists prior to the effective date of this chapter or is built on the property after the effective date of this chapter. However, where there is no existing dwelling unit on the Agricultural Land Preservation District property, the owner has the option of using three development options for future use for construction of a primary farm residence, but those development options will be subtracted prior to the development rights becoming certified. The total number of certified development rights will be indicated on the certificate of development rights. Construction of a residence must conform to all the requirements of Subsection C below.

No development options or rights shall be granted on land which
previously has been subjected to recorded restrictive development
covenants or indentures which preclude the subdivision and/or residential
development of the land.

Fractions of development rights. Where application of the allocation
formula results in the creation of a fraction of a TDR, e.g., one
or two development options, such fraction of a development right,
known as a "development option," may be sold, conveyed or transferred
to another party to the same extent as a whole TDR.

Construction of a dwelling on a property with certified development
rights. If three development options have been withheld at the time
of certification of the development rights and no primary residence
exists on the property, then the landowner may construct a dwelling
subject to approval by the Charles County Agricultural Land Preservation
Advisory Board, local planning and zoning approval, and approval by
the Maryland Agricultural Land Preservation Foundation.

The owner of any parcel of land located in a TDR sending area may
transfer the development rights or options allocated to that parcel
to any person at any time, to the same extent and in the same manner
as any other interest in real property is transferred.

To increase density within the RL, RM, or RH Zones unless the form of development proposed using such right(s) meets the standards for cluster subdivision as outlined in Article XIV or a planned development as outlined in Article VII of this chapter.

Intermediate transfer. A development right may be transferred to
a transferee prior to the time when its use for a specific receiving
parcel has been finally approved in accordance with this article.
At the time of the County approval of the intermediate transfer, a
title report needs to be submitted.

Requirement. No transfer shall be recognized under this article unless
the original instrument of transfer contains a certificate of development
options issued by the Zoning Officer indicating that the number of
development rights or options represents the number of development
rights applicable to the sending parcel and is recorded by the Zoning
Officer.

Responsibility. The transferor and the transferee named in an original
instrument of transfer shall have sole responsibility to supply all
information required by this article; to provide a proper original
instrument of transfer; and to pay, in addition to any other fees
required by this article, all costs of its recordation among the land
records of Charles County.

Application for certificate. An application for a certificate shall
contain such information, prescribed by the Zoning Officer, as may
be necessary to determine the number of development rights involved
in the proposed transfer. An application shall contain such information
as deemed necessary to verify parcel size as a basis for certifying
the number of development options and, at a minimum, shall require
submission of a plat of the proposed sending parcel, prepared by a
registered land surveyor on the basis of an actual on-site survey
and/or deed or deeds that describe in detail the acreage contained
in the said property along with a title search for the sending parcel
and shall be accompanied by such review fee as may be prescribed by
the County Commissioners. A metes and bounds survey, for certification
of development rights, shall only be required to be presented by the
landowner when:

The deed/deeds for the property in the designated sending area
requesting to have their development rights certified by the Charles
County Zoning Officer fail to specifically indicate numerically the
number of acres contained in the sending parcel; or

During the initial title search there is some conflict between
said acreage in the deed/deeds and the Charles County Tax Assessor's
office and the landowner wants to claim the larger of the two figures.

Issuance of certificate. On the basis of the information submitted,
the Zoning Officer shall affix a certificate of his findings to the
original instrument of transfer. The certificate shall contain a specific
statement of the number of development rights which are derived from
the sending parcel.

An instrument of transfer shall conform to the requirements of this
section. An instrument of transfer, other than an original instrument
of transfer, need not contain a metes and bounds description or plat
of sending parcel.

A covenant that the transferor grants and assigns to the transferee
and the transferee's heirs, personal representatives, successors
and assigns a specified number of development rights or development
options from the sending parcel.

A covenant by which the transferor acknowledges that he has no further use or right of use with respect to the development rights or options being transferred, unless those development rights or options are repurchased. The sale of any TDR immediately encumbers the entire property certified for TDRs and prohibits any additional residential dwellings other than allowed by § 297-279B(2) or subdivision for residential purposes.

A statement of the rights of the transferee prior to final approval of the use of those development rights on a specific receiving parcel, as set forth in § 297-283, except when development rights or options are being transferred to the Board of County Commissioners in accordance with this article.

A covenant that at the time when any development rights or options
involved in the transfer are finally approved for use on a specific
receiving parcel, such rights or options shall be transferred to the
County Commissioners for no consideration; or, in cases when development
rights are being transferred to the County Commissioners after such
approval, a covenant that the rights are being transferred to the
County Commissioners for no consideration.

A metes and bounds description of the sending parcel, prepared
by a licensed surveyor named in the instrument or a deed or deeds
that describe in detail the acreage contained in said property along
with a title search for the sending parcel and shall be accompanied
by such review fee as may be prescribed by the County Commissioners.
A metes and bounds survey for certification shall only be required
to be submitted by the landowner when:

The deed/deeds for the property in the designated sending area
requesting to have their development rights certified by the Charles
County Zoning Officer fail to specifically indicate numerically the
number of acres contained in the sending parcel; or

During the initial title search, there is some conflict between
said acreage in the deed/deeds and the Charles County Tax Assessor's
Office and the landowner wants to claim the larger of the two figures.

A covenant that the entire sending parcel may not be subdivided
unless the subdivision is for agricultural purposes [per the Maryland
Agricultural Land Preservation Foundation's Regulations on Agricultural
Subdivisions, Article 15-1501-05-(N)(8), Code of Maryland Regulations].
However, when an agricultural subdivision is being requested by the
landowner whose development rights have been certified by the Charles
County Zoning Officer, such a proposal must be reviewed by the local
Agricultural Land Preservation Advisory Board and recommended to the
Planning Commission for approval or denial. Final approval of such
a subdivision is subject to Planning Commission action.

Intermediate transfers. If the instrument is not an instrument
of original transfer, a statement shall appear that the transfer is
an intermediate transfer of rights derived from a sending parcel described
in an original instrument of transfer, which original instrument shall
be identified by its date, the names of the original transferor and
transferee and the book and page where it is recorded among the land
records of Charles County.

Recordation of transfer. After it is properly executed, any instrument
of transfer and a title search shall be delivered to the Zoning Officer,
who shall deliver it to the Clerk of the Circuit Court for Charles
County, together with the required fees for recording furnished by
the original transferor and transferee. The Zoning Officer shall immediately
notify the original transferor and transferee, in writing, of such
recording.

The sending parcel from which development rights or options
are transferred shall be used only for oil and natural gas extraction
and/or agricultural uses, other than farm residences, as defined and
permitted in this chapter, or as permitted by the Maryland Agricultural
Land Preservation Foundation, whichever is more restrictive.

The sending parcel from which development rights or options
are transferred shall not be subdivided, except for agricultural purposes
(per the Maryland Agricultural Land Preservation Foundation's
policy regarding agricultural subdivisions found in Article 15-1501-05-P3biii,
Code of Maryland Regulations). However, when an agricultural subdivision
is being requested by the landowner whose development rights have
been certified by the Charles County Zoning Officer, such a proposal
must be reviewed by the local agricultural land preservation advisory
board and recommended to the Planning Commission for approval or denial.
Final approval of such a subdivision is subject to Planning Commission
action.

All development rights which are the subject of the transfer,
and the value of such rights, shall be deemed for all other purposes,
including assessment and taxation, to be appurtenant to the sending
parcel, until such rights have been finally approved for use on a
specific receiving parcel and transferred to the County Commissioners.

Rights of transferee. Between the time of the transfer of a development
right by an original transferor and the time when its use on a specific
receiving parcel is final in accordance with the provisions of this
section, a transferee has only the right to use the development right
to the extent authorized by all applicable provisions of this chapter.
No transfer shall be construed to limit or affect the power of the
County Commissioners to amend, supplement or repeal any or all of
the provisions of this or any other article of this chapter at any
time or to entitle any transferor or transferee to damages or compensation
of any kind as the result of any such amendment, supplementation or
repeal.

Subsequent rights having been repurchased, the total number
of development rights on the parcel shall not exceed the number of
rights initially assigned to the property as documented by the certificate
of development options issued prior to the initial transfer by the
Zoning Administrator. Three development options or one development
right shall be subtracted from the number of development rights originally
assigned the parcel through the certificate of development options
for each residence constructed after the date of issuance of the certificate
of development options in determining compliance with this provision.

Action by an owner of land in an eligible sending zone to repurchase development rights formerly transferred shall be subject to the same procedural and recordation requirements outlined in §§ 297-284 through 297-285 of this article as are applicable to all other transfers.

The covenants recorded with the original instrument of transfer shall be terminated upon the owner demonstrating proof of ownership as set forth in § 297-285B. The proof of ownership shall be for an equivalent number of options that were originally sold from the property. Upon satisfactory proof of ownership, the owner shall execute an instrument terminating the covenants on the land from which development rights were previously transferred.

There is hereby created a TDR receiving area which shall be
limited to properties located in the RL, RM, RH, MX, TOD, PRD, CER,
CRR, CMR, AUC and WC Zones. With the exception of the CER, CRR, CMR,
AUC and WC Zones, a TDR in the above residential zones shall only
be used when the development conforms to standards for cluster or
planned development contained in this chapter.

The owner of any property located in a TDR receiving area may
use transferable development rights, in addition to that density allowed
on the property as a matter of right, to build up to the maximum density
of development allowed on the property. TDRs and any fractions thereof
in the form of development options may be aggregated from different
parcels and owners for use in securing additional development in a
TDR receiving area.

Development permitted with use of TDRs. Each TDR may be used to secure
approval from the County for additional development above the number
of dwelling units otherwise allowed to be developed on the property,
provided that the total development on the property does not exceed
the limits set forth in this chapter.

Development approval procedure. The request to use TDRs on a property
shall be in the form of a preliminary subdivision plat, a site plan
or other application submitted in accordance with the requirements
of this chapter. In addition to any other information required by
this chapter, the application shall be accompanied by an affidavit
of intent to transfer development rights indicating the number of
development rights to be transferred to the property.

Proof of ownership of TDRs and proof of deed restriction. No final
plat shall be approved and no zoning permits shall be issued for development
involving the use of TDRs until and unless the applicant has demonstrated
to the County that:

A deed of transfer for each TDR has been recorded in the chain
of title of the parcel of land from which the development right has
been transferred and that such instrument restricts the use of that
parcel in accordance with this article; and

Preliminary approvals. The County may grant preliminary subdivision
or site plan approval for the proposed development conditioned upon
such proof being presented to the County as a prerequisite to final
subdivision or site plan approval.

Transfer from a sending parcel to a receiving parcel is final
at the time when final subdivision approval or final site plan approval
for the receiving parcel, based upon use of development rights, has
been given in accordance with this chapter.